STIRLING COUNCIL

 

MINUTES of SPECIAL MEETING of STIRLING COUNCIL held as a VIRTUAL MEETING by

MICROSOFT TEAMS on THURSDAY 17 SEPTEMBER 2020 at 10.00 AM

 

Present:

Provost Christine SIMPSON (in the Chair)

 

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Margaret BRISLEY
Councillor Robert DAVIES
Councillor Douglas DODDS
Councillor Martin EARL
Councillor Scott FARMER
Councillor Bryan FLANNAGAN
Councillor Danny GIBSON
Councillor Graham HOUSTON

Councillor Chris KANE
Councillor Graham LAMBIE
Councillor Alison LAURIE

Councillor Alasdair MACPHERSON
Councillor Alastair MAJURY
Councillor Jeremy MCDONALD
Councillor Susan MCGILL
Councillor Ross OXBURGH
Councillor Alasdair TOLLEMACHE
Councillor Jim THOMSON
Councillor Evelyn TWEED

 

In Attendance

 

Carol Beattie, Chief Executive

Annemargaret Black, Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership/Integrated Joint Board

Jim Boyle, Chief Officer – Finance

Michael Grassom, Safer Reducing Offending Service Manager
Mark Henderson, Senior Media Officer

Kristine Johnson, Chief Officer – HR & OD
Kevin Kelman, Chief Operating Officer – People
Drew Leslie, Senior Manager – Infrastructure

Bruce McClure, Service Manager – Delivery of CRD

Isabel McKnight, Chief Operating Officer – Communities & Performance
Stuart Oliver, Senior Manager – Economic Development & Communities
Bruce Reekie, Senior Manager – Environment & Place

Brian Roberts, Chief Operating Officer – Infrastructure & Environment
Julia McAfee, Chief Officer – Governance (Clerk)

Joyce Allen, Team Leader - Governance

Louise McDonald, Committee Officer (Minute Taker)
Islay Moore, Support Officer

 

Also in Attendance

 

Andrew Wallace, External Audit

 

Recording of Meeting started

 

Prior to the commencement of business, the Provost welcomed and thanked everyone for attending the meeting via MS Teams. A statement was read to the meeting providing detail on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting. Members were advised that they would be limited to two questions per item at this meeting.‌‌‌‌‌

 

The Provost asked the Clerk to carry out a roll call of all Members participating in the meeting. The Clerk confirmed all Members were in attendance.

 

SC322 APOLOGIES

 

There were no apologies.

 

SC323 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

SC324 COVID-19 SHORT LIFE WORKING GROUP - RECOMMENDATIONS

 

The Chief Officer Governance presented the reported and stated that the report set out the recommendations of the COVID-19 Short Life Working Group (SLWG) established by the Council on 4 June 2020 to agree future plans for the running of Council, Decision Making Committees, associated Panels and the Licensing Board, including the start of the first Committee cycle of meetings, following the summer recess. The Council had also agreed that the SLWG should conclude discussions by 31 July 2020.

 

The SLWG met on 30 June 2020 and 15 July 2020 and fulfilled its remit within the agreed timescale by recommending a schedule of meetings up to 31 December 2020 and a process for recording all meetings held remotely and in private, on public health grounds, in accordance with Part 4 of Schedule 6 of the Coronavirus (Scotland) Act 2020; all recordings are available to view after each meeting on the Council’s website.

 

A further meeting of the SLWG took place on 27 August 2020 to consider options for enabling petitions to be submitted electronically as part of the Process for Public Petitions.

 

Following Member enquiries regarding the Council’s petitions process, it was agreed that all Members would be provided with additional detail on the petitions process.

 

Decision

 

Council agreed to:

 

1. approve the extended single cycle programme of meetings up to 31
   December 2020, as set out in Appendix 1 to the report. Such meetings to be held remotely through Microsoft Teams (or any other approved platform) or through a combination of physical meeting and remote access, depending on the restrictions in place at the particular time;

    

2. note that from January 2021 it was anticipated that the Council would revert back to the original programme of meetings up to March 2022, subject to restrictions in place. Should any adjustments in the programme be required a report would be brought forward to the December Council meeting for consideration in light of the situation at that time;

3. all Council/Committee/Panel meetings held remotely (in whole or in-part) and in private on public health grounds in accordance with Part 4 of Schedule 6 of the Coronavirus (Scotland) Act 2020 be recorded and the video recordings made available to view on the Council’s website after each meeting and until the next meeting of the relevant decision making body;‌‌‌

    

4. approve the Protocol for the Recording of Council, Committee and Panel
   Meetings, as set out in Appendix 2 to the report for display on the Council’s website;

    

5. the Process for Public Petitions, as set out in Appendix 6b of the Scheme of Delegation, be amended to enable petitions to be submitted electronically;

    

6. Standing Orders 27(e) and (q), 37 and 39 to 43 relating to minutes coming forward on agendas for approval, the volume of minutes, question time and the submission of notices of motion, all temporarily suspended earlier in the year, be reinstated for future meetings, as set out in Appendix 3 to the report; and

    

7. note that the Chief Officer – Governance will make the necessary changes to the Scheme of Delegation as a consequence of the decisions taken by the Council and arrange for the revised Scheme of Delegation and Standing Orders (Appendix 3) to be circulated to all Elected Members and displayed on the Council’s website.

 

(Reference: Report by Chief Officer – Governance, dated 1 September 2020,
submitted.)

 

SC325 UPDATE OF MEMBERSHIPS

 

The Chief Officer Governance presented the report and advised that Councillor
Maureen Bennison resigned as a Member of the Scottish National Party with
immediate effect on Monday 3 August 2020. Councillor Bennison was now an
Independent Elected Member of Stirling Council and continued in her role as a Ward 7 Member.

 

The report identified the Committees, Panels and External Organisations of which Councillor Bennison was currently a Member, set out the required membership and sought to appoint alternative Members to fill the positions.

 

At 10.20am the Council agreed to adjourn in terms of Standing Order 75

Recording of meeting was stopped
The Meeting reconvened at 10.30am with all Elected Members (previously noted) present

 

Recording of Meeting started

 

Motion

 

“Council agrees to:

Per Standing Order 4 to replace Councillor Maureen Bennison as follows with:

 

Convener of Public Safety Committee: Councillor Evelyn Tweed

Member of the Community Planning & Regeneration Committee: Councillor Susan McGill

Vice Convener of Community Planning & Regeneration Committee: Councillor Scott Farmer

Member of Planning & Regulation Panel: Councillor Jim Thomson
Member of Adult Social Care Panel: Councillor Alison Laurie

Member of School Holiday Meal Provision Delivery Group: Councillor Graham
Lambie

 

Proposed by Councillor Scott Farmer and Seconded by Councillor Danny Gibson”

 

Amendment

 

Council declines to make any changes to the Convenorship of Public Safety
Committee.

 

Proposed by Councillor Maureen Bennison and Seconded by Councillor Robert
Davies

 

For the Amendment (2)

 

Councillor Maureen Bennison
Councillor Robert Davies

 

Against the Amendment (13)

 

Councillor Margaret Brisley
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Alasdair MacPherson
Councillor Susan McGill
Councillor Christine Simpson
Councillor Jim Thomson
Councillor Alasdair Tollemache
Councillor Evelyn Tweed

 

Not Voting (8)

 

Councillor Neil Benny
Councillor Alistair Berrill
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald

Councillor Ross Oxburgh

 

The Amendment fell by 2 votes to 13 votes with 8 Members not voting.
For the Motion (12)

Councillor Margaret Brisley
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Alasdair MacPherson
Councillor Susan McGill
Councillor Christine Simpson
Councillor Jim Thomson
Councillor Evelyn Tweed

 

Not Voting (11)

 

Councillor Maureen Bennison
Councillor Neil Benny
Councillor Alistair Berrill
Councillor Robert Davies
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Councillor Alasdair Tollemache

 

The Motion was carried by 12 votes with 11 Members not voting

 

Decision

 

Council agreed to replace Councillor Maureen Bennison’s Memberships as follows, with:

1. Convener of Public Safety Committee: Councillor Evelyn Tweed

2. Member of the Community Planning & Regeneration Committee: Councillor Susan McGill

3. Vice Convener of Community Planning & Regeneration Committee: Councillor Scott Farmer

4. Member of Planning & Regulation Panel: Councillor Jim Thomson

5. Member of Adult Social Care Panel: Councillor Alison Laurie

6. Member of School Holiday Meal Provision Delivery Group: Councillor Graham Lambie

 

(Reference: Report by Chief Officer – Governance, dated 1 September 2020,
submitted.)

SC326 NATIONAL WALLACE MONUMENT – OPERATING OPTIONS UPDATE

 

The Clerk highlighted that her advice previously given was for the detail on
negotiations to be exempt as it was part of confidential discussions in relation to the lease of Council property but noted that the detail of these negotiations was now in the public domain, as a consequence of a press release by Stirling District Tourism (SDT). Therefore she could no longer advise that the detail of the negotiations remain exempt in terms of Standing Order 14.

 

Councillor Scott Farmer moved that, given the recent statements in the media from SDT that confidentiality had been breached and for reasons of openness and transparency the detail of the negotiations within the report should now be made public. All Members agreed to proceed with discussion in public,

 

The Senior Manager Economic Development & Communities presented the report and advised that the paper outlined the extensive work undertaken to date by Stirling Council to investigate all possible options for the future operation of the National Wallace Monument (NWM) in line with the Council’s responsibilities and obligations to ensure Best Value for the public pound in all that it does.

 

The paper presented a further update on the future management of the NWM
following the last update to Council on 30 June 2020.

 

Following a Member query and discussion regarding Grant Thornton, it was agreed that Members would be provided with detail of the fees paid to Grant Thornton.

 

Motion

 

“Council agreed to:

 

1. note the progress made in preparing for the transition of the NWM from
   Stirling District Tourism (SDT) to Stirling Council;

    

2. note the developments arising from the ongoing negotiations with Stirling District Tourism; and

    

3. agree that, in recognition of the extensive length of time negotiations have been going on for, officers draw negotiations to a close and proceed with bringing only the NWM in house for management in the first instance, effective 27 November 2020.”

 

Proposed by Councillor Scott Farmer and Seconded by Councillor Danny Gibson

 

Amendment

 

“Council agrees to:

 

Delete Recommendation 3 and Recommendation 4 Add

In light of the ongoing Covid situation, Council agrees to remit officers to conclude a 12 month extension with the SDT for the operation of the National Wallace Monument.

 

During that time officers should continue to negotiate with the SDT on a future lease having brought back parameters for that negotiation to the Council before the end of 2020.

 

Council agrees to set up a working group to assist officers in this endeavour made up of five members allocated proportionately across the party groups.

Officers should also continue to prepare to take over the National Wallace Monument at the conclusion of the 12 month lease as a backstop if a more long term solution is not agreed.”

 

Proposed by Councillor Neil Benny and Seconded by Councillor Martin Earl

 

The Clerk highlighted that the Amendment would alter a decision previously made by Council on 30 June 2020 and would therefore fall under the 6 month rule. It would require a 2/3 majority for it to be considered at this meeting.

 

For the Amendment (10)

 

Councillor Neil Benny
Councillor Alistair Berrill
Councillor Robert Davies
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Councillor Alasdair Tollemache

 

Against the Amendment (13)

 

Councillor Maureen Bennison
Councillor Margaret Brisley
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Alasdair MacPherson
Councillor Susan McGill
Councillor Christine Simpson
Councillor Jim Thomson
Councillor Evelyn Tweed

 

The Amendment fell by 10 votes to 13 votes and did not meet the 2/3 majority.
For the Motion (13)

Councillor Maureen Bennison
Councillor Margaret Brisley

Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Alasdair MacPherson
Councillor Susan McGill
Councillor Christine Simpson
Councillor Jim Thomson
Councillor Evelyn Tweed

 

Against the Motion (10)

 

Councillor Neil Benny
Councillor Alistair Berrill
Councillor Robert Davies
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Councillor Alasdair Tollemache

 

The Motion was carried by 13 votes to 10 votes.

 

Decision

 

Council agreed to:

 

1. note the progress made in preparing for the transition of the NWM from
   Stirling District Tourism (SDT) to Stirling Council;

    

2. note the developments arising from the ongoing negotiations with Stirling District Tourism; and

    

3. in recognition of the extensive length of time negotiations have been going on for, officers draw negotiations to a close and proceed with bringing only the NWM in house for management in the first instance, effective 27 November 2020.

 

(Reference: Report by Chief Operating Officer, Communities and Performance, dated 7 September 2020, submitted.)

 

The Provost declared the Meeting closed at 11.35 am